The Executive Engineer, Masalga Medium Project Division, Latur And ANR v. Venkat Shahajirao Shelke

1 15757.2016CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

906 CIVIL APPLICATION NO. 15757 OF 2016 IN FAST/24536/2016 WITH CA/15758/2016 IN FAST/24536/2016 WITH CA/15759/2016 IN FAST/24075/2016 WITH CA/15760/2016 IN FAST/24075/2016 THE EXECUTIVE ENGINEER, MASALGA MEDIUM PROJECT DIVISION, LATUR AND ANR ..Applicants

VERSUS

NILKANTH SHAHAJIRAO SHELKE ..Respondent ...

Advocate for Applicants : Shri B.A. Shinde Advocate for Respondent : Shri M.D. Gitte ...

CORAM : P.R. BORA, J.

Dated: September 29, 2018 PER COURT :

1.

When the present matters are taken up for hearing, the learned counsel for the applicants - Acquiring Body submitted that, the cheque of the compensation amount is received to him and if permitted by this Court, he will submit the same in the Registry of this Court. The learned Counsel submitted that, vide order passed on 09.12.2016 the execution of the impugned Award was stayed subject to deposit of the entire amount under the Award along with the interest thereon by the Acquiring Body, however, since the Acquiring Body could

2 15757.2016CA.doc not deposit the amount within the time, the said order stood automatically vacated. The learned Counsel submitted that, since the Acquiring Body is now in a position to deposit the entire amount, the interim order be revived. The learned Counsel for the claimants does not have any objection for accepting the request. Hence, the following order is passed.

ORDER

(i) Time to deposit the amount by cheque is extended by one week.

(ii) Registry to accept the cheque towards the amount of compensation.

(iii) Interim stay granted on 09.12.2016 is revived and made absolute.

(iv) Civil Application Nos.15758 of 2016 & 15760 of 2016 stand disposed of.

( P.R. BORA, J. ) ...

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